What is the name of your state? Tennessee I was recently fired from a medical facility where I had worked for over 18 years for what they said was a HIPAA violation. Although I know there are no laws in Tennessee to protect an employee, I feel my reputation has been tarnashed. I do not think I violated HIPAA, that this was just an excuse to get rid of me. Also, they are refusing to let me draw unemployment benfiets. I have been unable to find any laws as to what information is covered under HIPAA. Should I get an attorney? Where do I find what personal information HIPAA covers. The only information I gave out was a persons birthdate.
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Fired and denied unemployment.
- Thread starter bkbullard
- Start date
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If you enter "HIPAA" into any search engine, you'll get plenty of information.
Whether you believe you violated HIPAA reg's or not doesn't matter. If your employer believes you did, they may terminate you even if they are mistaken.
P.S. Your employer doesn't determine whether you receive unemployment benefits, the State does. If the Initial Determination denied benefits, you are free to file for a hearing with the State's UC Division.
Whether you believe you violated HIPAA reg's or not doesn't matter. If your employer believes you did, they may terminate you even if they are mistaken.
P.S. Your employer doesn't determine whether you receive unemployment benefits, the State does. If the Initial Determination denied benefits, you are free to file for a hearing with the State's UC Division.
Fired and denied unemployment
I was denied unemployment on my initial claim so I filed for a hearing. I had a telephone hearing and was once again turned down for unemployment. I have written a letter requesting a new hearing. I knew they had some kind of spy wear on the system to see what information had been accessed. If I thought I was doing anything wrong I could have used someone elses loggin and password since I had access to that information. The CFO did try to get me to sign a paper stating I resigned and told me it would not go on my record if I signed. I was so in shock at the time I wasn't even thinking about unemployment but I feel she wanted me to sign that I resigned to keep me from being able to draw unemployment and them having to fight me on getting it. They did call my boyfriend, who also works there, into the administrators office and told him I was being fired. Can they do whatever they want and I have no rights?
I was denied unemployment on my initial claim so I filed for a hearing. I had a telephone hearing and was once again turned down for unemployment. I have written a letter requesting a new hearing. I knew they had some kind of spy wear on the system to see what information had been accessed. If I thought I was doing anything wrong I could have used someone elses loggin and password since I had access to that information. The CFO did try to get me to sign a paper stating I resigned and told me it would not go on my record if I signed. I was so in shock at the time I wasn't even thinking about unemployment but I feel she wanted me to sign that I resigned to keep me from being able to draw unemployment and them having to fight me on getting it. They did call my boyfriend, who also works there, into the administrators office and told him I was being fired. Can they do whatever they want and I have no rights?
You had the right not to sign the resignation paperwork and you have the right to appeal the denial of unemployment benefits.
I don't know whether benefits are being denied because the UC Division believes you quit or because they determined you enaged in misconduct (HIPAA violation and/or giving out information you shouldn't have.)
I don't know whether benefits are being denied because the UC Division believes you quit or because they determined you enaged in misconduct (HIPAA violation and/or giving out information you shouldn't have.)
I am being denied unemployment for misconduct. Is giving out a birthdate a HIPAA violation? Then why are stores allowed to ask to see a drivers license to cash a check, which has your birthdate on it? Also, what information is my former employer allowed to give out if someone call for a reference for a job? Thanks for your help.
I am being denied unemployment for misconduct. Is giving out a birthdate a HIPAA violation? I don't know whether it's a HIPAA violation or not. I'm an employer, not a medical facility. I've not had any need to dive into that side of HIPAA and acquaint myself with all that additional complexity.
What I can tell you is that giving out ANY information on a patient for personal purposes is inappropriate and, I expect, a violation of your employer's work rules. If an employee of the medical facility asks for a patient's birthdate for legitimate purposes (whether a doctor, nurse, the billing department, etc.), that's appropriate. If someone asks for patient information (including a birthdate) for any other reason, it would be entirely inappropriate for you to comply. I expect there's a reason why you've never said who you gave the birthdate to and why.
Then why are stores allowed to ask to see a drivers license to cash a check, which has your birthdate on it? Because they're asking YOU for YOUR information. You are free to comply or not comply as you see fit. A medical provider is a third party and governed by onerous patient confidentiality regulations. Do you want your doctor's office giving out whatever information they feel like to whomever without your authorization?
Also, what information is my former employer allowed to give out if someone call for a reference for a job? Anything they wish to provided it's truthful and represents their honest opinion. If you're wondering if they can tell other employers that you were terminated and why, the answer is yes.
What I can tell you is that giving out ANY information on a patient for personal purposes is inappropriate and, I expect, a violation of your employer's work rules. If an employee of the medical facility asks for a patient's birthdate for legitimate purposes (whether a doctor, nurse, the billing department, etc.), that's appropriate. If someone asks for patient information (including a birthdate) for any other reason, it would be entirely inappropriate for you to comply. I expect there's a reason why you've never said who you gave the birthdate to and why.
Then why are stores allowed to ask to see a drivers license to cash a check, which has your birthdate on it? Because they're asking YOU for YOUR information. You are free to comply or not comply as you see fit. A medical provider is a third party and governed by onerous patient confidentiality regulations. Do you want your doctor's office giving out whatever information they feel like to whomever without your authorization?
Also, what information is my former employer allowed to give out if someone call for a reference for a job? Anything they wish to provided it's truthful and represents their honest opinion. If you're wondering if they can tell other employers that you were terminated and why, the answer is yes.
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